DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asahi Beverages Pty Ltd
(AG2019/2150)

ASAHI BEVERAGES PROSPECT ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 JULY 2019

Application for approval of the Asahi Beverages Prospect Enterprise Agreement 2019.

[1] Asahi Beverages Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Asahi Beverages Prospect Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] United Voice being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 July 2019 and, in accordance with s 54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Asahi Beverages Pty Ltd, an employer in the beverage industry, was involved in proceedings before the Fair Work Commission regarding the approval of the Asahi Beverages Prospect Enterprise Agreement 2019. The dispute arose as part of the process to approve the agreement between the employer and its employees, represented by the Manufacturing and Food Workers' Union of Australia. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements set out in the Fair Work Act, particularly focusing on provisions concerning minimum wages, penalty rates, and other employment conditions. The Commission needed to assess if the agreement provided fair and reasonable terms for employees, and if it adhered to the statutory standards prescribed by the Act. Additionally, the Commission considered whether the agreement was made in good faith and whether it complied with procedural requirements.

In reaching its decision, the Fair Work Commission found that the Asahi Beverages Prospect Enterprise Agreement 2019 met the statutory requirements for approval. The Commission concluded that the agreement provided fair and reasonable terms for employees, and that it complied with the minimum standards set out in the Fair Work Act. The Commission also determined that the agreement was made in good faith and that the necessary procedural requirements were met. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Asahi Beverages Prospect Enterprise Agreement 2019, confirming that it was fit for the purpose of being registered and enforceable as a registered agreement under the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while adhering to statutory requirements and good faith principles.

Asahi Beverages Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established